Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
To all who insist that Congress may sustain Slavery in the national
capital I put the question, Where in the Constitution is the power
found? If you cannot show where, do not assert the power. So hideous
an effrontery must be authorized in unmistakable words. But where are
the words? In what article, clause, or line? They cannot be found. I
challenge their production. Insult not human nature by pretending
that its most cherished rights can be sacrificed without solemn
authority. Remember that every presumption and every leaning must be
in favor of Freedom and against Slavery. Remember, too, that no nice
interpretation, no strained construction, no fancied deduction, can
suffice to sanction the enslavement of our fellow-men. And do not
degrade the Constitution by foisting upon its blameless text the idea
of property in man. It is not there; and if you think you see it there,
it is simply because you make the Constitution a reflection of yourself.
A single illustration will show the absurdity of this pretension. If,
under the clause giving to Congress “exclusive legislation” at the
national capital, Slavery may be established, and under these words
Congress is empowered to create slaves instead of citizens, then, under
the same words, it may do the same thing in the “forts, magazines,
arsenals, dock-yards, and other needful buildings” belonging to the
United States, wherever situated, for these are all placed within the
same “exclusive legislation.” The extensive navy-yard at Charlestown,
in the very shadow of Bunker Hill, may be filled with slaves, with
enforced toil to take the place of that cheerful, well-paid labor
whose busy hum is the best music of the place. Such an act, however
consistent with slaveholding tyranny, would not be regarded as
constitutional at Bunker Hill.
If there were any doubt on this point, and the absence of all authority
were not perfectly clear, the prohibitions of the Constitution
would settle the question. It is true that Congress has “exclusive
legislation” within the District; but the prohibitions to grant titles
of nobility, to pass _ex post facto_ laws, to pass bills of attainder,
and to establish religion, are unquestionable limitations of this
power. There is also another limitation, equally unquestionable.
It is found in an Amendment proposed by the First Congress, on the
recommendation of several States, as follows:--
“No PERSON shall be deprived of life, LIBERTY, or property,
without _due process of law_.”
Public-domain text, read in full here on John Shaqi.
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